Not all commercial offer published on the internet provider is in fact a declaration of will by which aim to conclude a contract. To be binding offer must contain certain core attributes: precision, externalization and reflect the undoubted will of the offeror to be bound contractually. The doctrine majority believes that if the products on display on the website does not contain the technical apparatus of acceptance, or that is incomplete, it is not an offer. On the other hand, clauses such as "except errors or omissions," "stocks are safe" are invalid, as the case law on this issue.
the offer on the Internet is usually not addressed to specific recipients, but is usually a unilateral statement, a statement of contract, through which the contract can be understood only closed with the acceptance of the other party, without need for further statement that made the offer. Therefore, the offer must be complete, ie must contain all the essential requirements of the contract. If the proposal has been issued with the reserve bidder (accompanied by such clauses "unless confirmation ") then it is not a real offer.
The LSSI defines commercial communication in the Annex (paragraph f) as "any form of communication aimed at promoting, directly or indirectly, of the image or the goods or services of one company, organization or person performing an activity commercial, industrial, craft or profession ", hence imposing an obligation to identify with the word" advertising "in order to distinguish them from purely informational communications.
Article 21 of the LSSI forbids spamming or sending unsolicited advertising or prior authorization of the recipient.
In the same Act, art. 27 (transposition of art. 10 of the Electronic Commerce Directive) sets mandatory requirements for the service provider before making the contract: the procedures to be followed to conclude the contract, if the service provider to archive the electronic document that materialize the contract and whether it will be accessible, the technical means put at their disposal to identify and correct errors in data entry, language or languages \u200b\u200bin which the contract may be executed, etc. In turn, Article 40 of the Retail Trade Act establishes the obligation for the seller to provide the consumer a clear and truthful and using any technique appropriate to the means of distance communication used, data such as vendor ID, essential product features, price including taxes, charges and method of delivery and transport, period of validity of the offer, etc.
The acceptance of an offer, that is, the manifestation of consent by recipient to the terms on which it was made and the manner intended or authorized by the offeror. That is, it requires the full agreement between the offer and acceptance. However, there may be various forms of acceptance, such as amending the bid acceptance, the acceptance and the value will only be issued a new offer (counter). Maria Teresa Nevado
(Article published in Aude, Information Security, http://www.audea.com/ ).
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